Loud Stereo Noise Ruling Has Limited Impact in Polk

Published: Friday, December 14, 2012 at 5:05 a.m.

Last Modified: Friday, December 14, 2012 at 5:05 a.m.

LAKELAND | A ruling by the Florida Supreme Court on the validity of a state law regulating noise from vehicles won't have much of an impact on many Polk County municipalities.

Several cities and the Polk County Sheriff's Office stopped enforcing the state law when the 2nd District Court of Appeal first ruled on the measure more than a year ago.

And in the case of Lake Wales, the city changed its local ordinance to reflect what the appellate judges said was unconstitutional. Those changes were approved by the City Commission in 2011.

The revised city law set 50 feet as the minimum distance from a car for sound to be clearly audible, stated that a car did not have to be moving, and removed exceptions for political or commercial content, which were part of the original state law.

City of Lakeland Attorney Tim McCausland said the ruling won't effect how the city enforces the law because the local ordinance doesn't specifically target motor vehicles.

If noise from a vehicle, concert, or other device disturbs a person in their home, then police will act and can write a citation, he said.

"It's a subtle difference," he said. "I don't think the ruling on the state statute will impact our ordinance."

Polk County Sheriff Grady Judd said when the appellate court made its ruling that deputies were instructed to stop writing violations of the state law until it was resolved by the Florida Supreme Court.

Judd said the county's other noise ordinances, like Lakeland's, will still be enforced because people still have the "right to peace and tranquility.

"But the Florida Legislature needs to change the (motor vehicle noise) law before we start enforcing it again," Judd said.

Bartow city attorney Sean Parker said he was generally familiar with the 2nd DCA ruling, but didn't immediately know its impact on the city.

<p>LAKELAND | A ruling by the Florida Supreme Court on the validity of a state law regulating noise from vehicles won't have much of an impact on many Polk County municipalities.</p><p>Several cities and the Polk County Sheriff's Office stopped enforcing the state law when the 2nd District Court of Appeal first ruled on the measure more than a year ago.</p><p>And in the case of Lake Wales, the city changed its local ordinance to reflect what the appellate judges said was unconstitutional. Those changes were approved by the City Commission in 2011.</p><p>The revised city law set 50 feet as the minimum distance from a car for sound to be clearly audible, stated that a car did not have to be moving, and removed exceptions for political or commercial content, which were part of the original state law.</p><p>City of Lakeland Attorney Tim McCausland said the ruling won't effect how the city enforces the law because the local ordinance doesn't specifically target motor vehicles.</p><p>If noise from a vehicle, concert, or other device disturbs a person in their home, then police will act and can write a citation, he said.</p><p>"It's a subtle difference," he said. "I don't think the ruling on the state statute will impact our ordinance."</p><p>Polk County Sheriff Grady Judd said when the appellate court made its ruling that deputies were instructed to stop writing violations of the state law until it was resolved by the Florida Supreme Court.</p><p>Judd said the county's other noise ordinances, like Lakeland's, will still be enforced because people still have the "right to peace and tranquility.</p><p>"But the Florida Legislature needs to change the (motor vehicle noise) law before we start enforcing it again," Judd said.</p><p>Bartow city attorney Sean Parker said he was generally familiar with the 2nd DCA ruling, but didn't immediately know its impact on the city.</p><p> </p><p>[ Jeremy Maready can be reached at jeremy.maready@theledger. ]</p>